Sleep apnea decisions — 2011

The Board has determined that the Veteran's service-connected lumbosacral strain warrants a 10 percent rating, effective from September 2007.

The Board has determined that the Veteran's sleep apnea began during his military service and grants the claim for service connection.

The Board is remanding the Veteran's claims for tinnitus and low back disorder due to further development being required, including obtaining additional medical records and providing a VA examination.

The Veteran's low back and bilateral hip disabilities are not service-connected as they do not have a direct relationship to his military service. The Board finds that the current conditions are not related to any service-connected condition.

The RO reduced the Veteran's disability rating for lumbosacral strain with degenerative joint and disc changes from 40 percent to 20 percent, effective April 1, 2007, to June 23, 2009. The reduction was denied.

The Veteran's appeal is remanded due to the need for a VA examination to determine if his current sleep apnea was incurred during service.

The Board has determined that the Veteran's back disability and bilateral hearing loss are not related to his active service, and thus denied these claims.

The Board denied service connection for a cervical spine disorder and did not reopen the claim for lumbosacral spine disorder due to lack of evidence.

The Veteran's appeal is remanded to the RO for further development, including VA examinations and consideration of extraschedular ratings. Service connection claims are also remanded.

The Veteran's claim of service connection for obstructive sleep apnea is being remanded due to the need for additional medical examination and opinion.

The Board denied the Veteran's claims for service connection for a bilateral foot disability and an increased rating for lumbosacral strain, finding no evidence to support these claims.

The Veteran's claim for an increased disability rating in excess of 10 percent for lumbosacral strain with degenerative changes is being remanded due to the need for additional development, including obtaining outstanding VA and private medical records and scheduling a new VA spine examination.

The Veteran's appeal is being remanded for additional development, including a VA examination and issuance of a statement of the case on bilateral knee and hip disabilities.

Service connection for headaches and numbness of the right leg was denied. The Veteran's pes planus, bunions of the right foot, and bunions of the left foot were granted with a 10% rating each.,The Veteran's lumbosacral strain claim remains pending.

The Board has granted service connection for lumbosacral disc disease with a rating of 20 percent and effective date of August 10, 2005. The claim to reopen for right knee disability is denied as new and material evidence does not show the Veteran now has such a condition. However, the claim to reopen for left knee disability is granted due to new and material evidence showing arthritis in the left knee.

The Veteran's appeal is being remanded due to a scheduling issue for a hearing before the Board. The case will be processed in accordance with established appellate procedure.

The Board denied the appellant's claim for a total disability rating based on individual unemployability due to his service-connected disabilities (TDIU).

The Veteran's lumbosacral strain disability is currently rated at 20 percent since December 8, 2010. Prior to that date, the disability was rated at 10 percent.

The Veteran's claim for increased ratings for his lumbosacral strain with degenerative disc disease and right knee injury with patellofemoral syndrome has been granted, with the effective date being May 31, 2007.

The Board has determined that the Veteran's claims for service connection for hypertension, bilateral hearing loss, and sleep apnea have been denied due to lack of evidence supporting a direct relationship with his military service. The claim for hypertension was previously denied as new and material evidence had not been submitted.